Brooklyn Wrongful Death Lawyers

Who Can File a Wrongful Death Claim?

New York law has specific rules as to who is eligible to file a wrongful death claim. According to this law the following individuals can file a claim:

• The deceased’s spouse
• The deceased’s children
• The deceased’s parents
• The personal representative, or executor, of the deceased’s estate

New York specifies how compensation will be distributed regardless of who files a wrongful death claim. Specifically, compensation will be awarded to the surviving spouse if the couple has no children. If the couple does have children, compensation will be divided among the surviving spouse and children.

Likewise, if the deceased does not have a spouse but has children, any awarded compensation will be distributed amount the children. If the deceased has no spouse or children, compensation will be rewarded to the surviving parents.

While no amount of money will bring your loved one back, the Belushin Law Firm, P.C. would like to help you find peace of mind to know your expenses will be taken care of and justice has been served on behalf of your loved one. Contact us today for a free consultation to learn more about how our experienced firm can help you.

What Do Wrongful Death Attorneys Do?

A Brooklyn wrongful death lawyer provides critical support to families grappling with the loss of a loved one due to negligence. They understand the intricacies of New York's wrongful death laws and work tirelessly to ensure that families receive the compensation they deserve. Through their expertise and dedication, these attorneys help families navigate the complex legal landscape, providing guidance at every stage of the process to help them seek justice.

Services provided by Brooklyn wrongful death lawyers include:

• Claims evaluation: Attorneys offer detailed evaluation of potential wrongful death claims, advising families on the viability of their cases based on the available evidence and applicable laws.
• Investigation: They conduct thorough investigations to gather necessary details about the incident, including expert consultations if needed.
• Representation in court: If a case goes to trial, wrongful death attorneys provide robust representation, arguing passionately on behalf of their clients.
• Settlement negotiation: Attorneys negotiate settlements with insurance companies or responsible parties, using their extensive legal knowledge to secure the best possible outcomes.
• Legal advice: They provide regular updates and legal advice to clients, ensuring that they understand every step of the process.
• Documentation and paperwork: Attorneys handle all necessary paperwork and legal documentation, allowing families to focus on healing and remembrance.
• Financial assessment: They help in assessing the monetary damages, including the loss of earnings, medical bills, and funeral expenses, which is instrumental in claiming compensation.

What Damages Can Recover After a Brooklyn Wrongful Death?

In Brooklyn, family members eligible to file a wrongful death claim can seek damages when their loved one's death is caused by the negligent, reckless, or deliberate actions of another party. These actions may include, but are not limited to, medical malpractice, car accidents, work-related accidents, or any incidents that involve negligence leading to death. The premise is that the deceased would have a valid personal injury claim had they survived.

Family members can claim the following damages:

• Economic Damages: These cover funeral and burial expenses, medical bills related to the deceased's final illness or injury, and the loss of the deceased's expected earnings.
• Non-economic Damages: These compensate for the pain and suffering the deceased endured before their death, the loss of inheritance for surviving children, and the value of services the deceased would have provided.
• Punitive Damages: These damages are awarded to punish the party at fault and are typically pursued in cases of gross negligence or intentional harm.
• Loss of Consortium: These damages compensate for the loss of love, companionship, comfort, and care that the deceased would have provided.
• Parental Guidance: If the deceased had minor children, additional compensation may be awarded for the loss of parental guidance.

Remember, every case is unique and the specific damages you may be eligible for can vary based on individual circumstances. Always consult a Brooklyn wrongful death lawyer to accurately understand and pursue your rightful claim.